Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-02-24
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become 9 part of
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen
eral Land Once.
An application will be rejected when the
scription of the premises is erroneous or
sufficient.
Application for patent will be rejected be.
cause:
First = The notice was published without the
knowledge Of the Register.
second-The notice was not published in q
new spsper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending 3 suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the Claim was not located In accord.
ance with law.
Where several parties own separate and dis
tinct portions Of . claim, application for
patent may be made by either for to at portion
Of the claim owned by him: but where several
parties own undivided interests in . mining
claim all should join In an application for q
patent.
A person or association may purchase AZ
many placer locations IS the local law admits
and embrace them ell in one application for a
patent.
Two or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
Ing to act as g deputy for the Register and he.
ceiver cannot be recorded ~ evidences.
In all patents Tor mining claims situated
within the interior boundaries of q town sit.
o clause Is inserted excepting and excluding
all town property, rights upon the surface
and all houses, buildings, structures, lots
blocks, streets, alleys or other municipal i'm
proyemeDts not belonging TO the grantee here
In, and all rights necessary or proper to ths
occupation, possession and enjoyment OF tn,
same"
Publication Of notice must be made u onl,
one newspaper for the period OF 90 days.
Notice must he Published 10 CONSECUTIVE,
weeks in weekly newspapers, and in daily
newspapers 60 days must eihpse between thu
fret and last insertions.
Where the Register designstes the daily issu,
of 8 newspaper for publication of notices Of
mining application for patent 1t il Lot q com
pliznce with law 10 change TO the weekly edi
uon OF the same paper without authority o.
the Register.
The existence Of o salt spring on Q tract Of
land withdrsws II from the operation of tn,
homestead and presumption laws. A hearin.
for the purpose Of proving the agriculture
character OF sucL land IL not SLOWED. Lan(
containing valuable deposits Of slate may b,
entered under the mining Acts.
ApvERsE CLAIMS.
Adverse claimants must Ale a separate ant
distinct claim against each application which
II 10 alleged conflicts with The premises owned
by such adverse Claimant.
The papers In an adverse claim, once fled
cannot be withdrawn. but becone s 9 part Of tn,
record.
When an adverse claim has been filed II can
not be amended so as to embrace q larger per
ton Of the premises than that described In tn,
original adverse claim.
An adverse claim must be made out ii
proper form and hled In the proper local OH c.
during the period of publication OF the appli
cation for the patent to be effective.
1t Is the duty OF the adverse claimant
commence suit in prop or form within the re
quired time, and IL he trusts ,he uncertain
medium Of the United States mail he mus
sbide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure 50 commence suit be the resalt OF
the corrupt or dishonest act on Of his attorney
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody
ing conclusions of law, without stating the
facts specially, will not be considered In evi.
dence.
An adverse claimant, should show q compli.
ance with the local laws in recording his claim
and In regard to expenditures. aud shall hle a
copy of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties 10 q suit that they
compose the company 10 sufficient, and they
are not required 10 prove that they are thu
original ~locstors or the identical parties who
present the adverse claim.
~RrcuLTu Oh MINERAL LANDS.
Where land is of little. If any value, for agri.
cultural purposes, but 10 essential to the
proper development Of mining claims. n
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled a. any time
prior to issuance OF patent, upon satisfactory
evidence Of the existence of such valuable de.
posits.
Where valuable deposits Of mineral are dis.
covered upon Q tract sitter the Same ,ss been
entered as agricultural. but before I Itent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled 10
that portion of the land embraced By said
mining claim.
Where mineral deposits are discovered nm
Agricultural lands sitter the patent has been
issued to an agricultural claimant, they pass
with the patent.
AGRICULTURAL Oollege scrip cannot be
cefved in payment for claims.
ALIENS.
A foreigner may make . mining I~ocation
dispose OF 1t. provided he becomes a citizen
before disposing OF the mine. Proof that the
party was not . citizen before disposing Of his
claim must be afirmstively shown.
Locators and intermediate owners. other
than applicants, will not be presumed aliens.
In the absence Of allegation or objection prior
TO issuance Of patent.
Tit portion Of q mining claim sold 10 An
alien cannot be patented while such owner IL
an alien; but on his declsrstiont o become 4
citizen his right dates back to HIS purchase.
aud he may thereupon secure United states
patent for his claim.
CROSS D
Revised Statutes. Section 2.S36:
where two or more led ges cross or interaect
each other, priority OF title shall govern. and
such prior location shall be entitled 10 All ore
or mineral contained within the space Of inter.
section, put the subsequent location shall have
the right OF way through the space OF inter.
section for the purpose Of the Convenient
WORKING OF the mine. And where two or more
veins unite the Oldest or prior location shall
take the yein below the point Of union. in.
Guiding all the space Of intersection.